(영문) 의정부지방법원 2015.08.10 2014고단3920

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(영문) 의정부지방법원 2015.08.10 2014고단3920

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around August 2, 2014, the Defendant, along with the members of the Internet tour club, including the victim I (the 32 years of age), in H amusement park located in Gyeonggi-gu, Namyang-gu, and 23:30 on the same day, she took the victim's house at the defendant's house located in Dobong-gu Seoul Metropolitan Government, and took the victim under the influence of drinking, she was placed on the bed, placed the victim at the bed, placed the victim into the bed, she was forced to commit an indecent act by forcing the victim to report locked, cut off the victim's clothes, cut the victim's bed, and panty, she committed indecent act on the victim's chest and panty by taking the victim's chest part on his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A protocol of examination of part of the defendant by prosecution;

1. Application of Acts and subordinate statutes to the output of the KM screen;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Crimes

A. As to the facts charged in the judgment of the defendant and his defense counsel, the defendant and his defense counsel did not have the victim's ability to resist at the time of the instant case, and even if the defendant's grandchildren in the process of taking clothes into contact with the victim's chest, the defendant did not have the intent to commit an indecent act against the victim.

B. As to the issue of whether the victim was in a state of refusal to resist, Article 299 of the Criminal Act provides that a person who has sexual intercourse or commits indecent act by taking advantage of the state of mental disorder or refusal to resist shall be punished as the crime of rape or indecent act under Articles 297 and 298 of the Criminal Act. Here, the state of refusal to resist is an absolute and psychological resistance due to reasons other than the mental disorder under Articles 297 and 298 of the Criminal Act.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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